NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING AND MEETING
APRIL 14, 2015
1. Call to Order: Chairman Roger Hamel called the meeting to order at 7:05 pm. In attendance were: Chairman Roger Hamel; Vice Chairman Jim Doggett; Planning Board members Barbara White, Sandra Estabrook, and Bill Smith; and Circuit Rider Planner Jennifer Rowden. Minutes were transcribed by Administrative Assistant Rick Milner.
2. 125 Development NH Corp. in Plaistow, NH continuation of a public hearing for a minor site plan review (amended site plan for Lot 27-3 Phase II construction) at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane. The property is referenced as Tax Map 14, Block 1, Lot 27-3.
Hamel stepped down from the Board.
Coleman McDonough, President of 125 Development NH Corp, the applicant, was present.
Attorney Christos Valhouli and Scott Frankiewicz of Brown Engineering and Surveying, LLC were present to represent the applicant.
Mr. Frankiewicz addressed the Board. Mr. Frankiewicz noted a change in the dumpster location for the site. Per the Conservation Commission’s recommendation and the prospective tenant’s desire to have only one dumpster, a single dumpster would be located at the front of the property within or adjacent to the gravel parking area. He presented a revised page of the plan which indicated the dumpster’s location. Mr. Frankiewicz also noted that the Circuit Rider Planner and Town Engineer had provided letters recommending acceptance of the amended site plan.
Doggett presented the Town Engineer’s site visit report indicating that there were site construction items which have not been completed on the Lot 27-3 Phase II site.
Mr. Valhouli addressed the Board. Mr. Valhouli asked the Board for guidance regarding resolution of the site construction items not yet completed. He suggested creating a performance guarantee through a letter of credit to ensure completion of the remaining site work.
Milner asked how the applicant would address the following additional uncompleted site work represented on the approved site plan for Lot 27-3 Phase I which provided the access to Lot 27-3 Phase II:
a. the grading and roadway improvements from the town road cul-de-sac to the roadway accessing Lot 27-3
b. the finished paving of the roadway accessing Phase I and Phase II of Lot 27-3
c. the finished paving for Lot 27-3 Phase I site
The completion of this site work was required by the Board in its 2006 decision to allow occupancy of the Lot 27-3 Phase I site.
Mr. Valhouli stated that he agreed that the additional site work for Lot 27-3 must be done. Mr. Valhouli suggested creating a performance guarantee through a letter of credit to ensure completion of the additional site work for Lot 27-3.
Milner asked if the applicant was willing to deposit performance guarantees with the Town of Newton to ensure completion of the following Lot 27-3 site work:
a. the grading and roadway improvements from the town road cul-de-sac to the roadway accessing Lot 27-3
b. the finished paving of the roadway accessing Phase I and Phase II of Lot 27-3
c. the finished paving for the Lot 27-3 Phase I site
d. the finished paving for the Lot 27-3 Phase II site.
Mr. McDonough, the applicant, agreed to deposit the performance guarantees.
Doggett asked how the applicant would address the uncompleted landscaping work on Lot 27-3 Phase II site.
Mr. McDonough stated that his landscaping consultant suggested waiting at least one more month to plant trees and shrubbery.
Mr. Valhouli suggested creating a performance guarantee to ensure completion of the landscaping.
Doggett suggested that the performance guarantees have short term call dates to ensure that the work is completed in a timely manner.
White moved that the Planning Board take jurisdiction of the application for
a minor site plan review (amended site plan for Lot 27-3 Phase II construction) at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane. Second by Smith. Motion carried unanimously.
White moved that the Planning Board conditionally approve the minor site plan application for amended site plan for Lot 27-3 Phase II construction at the Southern New Hampshire Industrial Park commercial subdivision located on Puzzle Lane (Tax Map 14, Block 1, Lot 27-3). Conditions to be met prior to final approval, recording of the project mylar, and Planning Board signature on a certificate of occupancy are as follows:
1. The revised dumpster location shall be indicated on the Lot 27-3 Phase II amended site plan subject to the approval of the Conservation Commission and the Planning Board.
2. A performance guarantee shall be deposited with the Town of Newton for the construction of the grading and roadway improvements connecting the Puzzle Lane town road to the access roadway for Lot 27-3 as indicated in the Lot 27-3 Phase I approved site plan with an August 1, 2015 automatic call deadline.
3. A performance guarantee deposited with the Town of Newton for the construction of the finished pavement associated with the access roadway for Lot 27-3 Phase I and Lot 27-3 Phase II with an August 1, 2015 automatic call deadline.
4. A performance guarantee deposited with the Town of Newton for the construction of the finished pavement associated with the Lot 27-3 Phase I site and the Lot 27-3 Phase II site with an August 1, 2015 automatic call deadline.
5. A performance guarantee deposited with the Town of Newton for the completion and future restoration of all landscaping (including, but not limited to, the planting of trees and shrubbery) on the Lot 27-3 Phase II site with an automatic call date to extend two years beyond the planting of the last tree or shrubbery.
6. All landscaping (including, but not limited to, the planting of trees and shrubbery) on Lot 27-3 Phase II site shall be completed by June 1, 2015.
7. Page S-1 Site Plan and Page L-1 Landscape Plan (both pages indicating the revised dumpster location) shall be recorded at the County Registry.
Second by Smith. Motion carried 3-1 with Estabrook opposed.
Milner reminded the applicant that the applicant must still comply with the previous decisions of the Planning Board regarding Lot 27-3 (including October and November 2014 decisions). All conditions must be met, all documents and plans must be completed, and all invoices must be paid prior to a Planning Board signature on the certificate of occupancy for Lot 27-3 Phase II site.
Doggett closed the public hearing.
Hamel returned to the Board.
3. Other Board business.
a. Acceptance of minutes.
Doggett moved to accept the minutes of the March 24 meeting. Second by Smith.
Discussion of the motion – White asked that a statement indicating that she graciously declined her nomination as Chairman of the Planning Board at the March 24 meeting be added to the record.
Motion carried unanimously as amended.
Doggett moved that the Planning Board send Barbara White a letter of appreciation and gratitude for her service as the Chairman of the Planning Board. Second by Estabrook. Motion carried 4-0-1 with White abstaining.
b. Manifests.
Hamel presented a NPREA manifest to the Board. The invoices reflected payment to the RPC for site plan reviews and payment for public hearing legal ad.
Doggett moved to pay the NPREA manifest in the amount of $383.62. Second by White. Motion carried unanimously.
Hamel presented an operating budget manifest to the Board. The invoice reflected payment for member training.
White moved to pay the operating budget manifest in the amount of $60.00. Second by Doggett. Motion carried unanimously.
Hamel suggested that the Planning Board approve payment for Newton’s RPC Commissioners’ travel expenses to regular meetings and dinner expenses at the RPC annual meeting for fiscal year 2015.
White moved that the Planning Board pay Newton’s RPC Commissioners’ travel expenses to regular meetings and dinner expenses at the RPC annual meeting for fiscal year 2015. Second by Estabrook. Motion carried 4-0-1 with Doggett abstaining.
c. Correspondence.
Doggett reported activities at the most recent RPC Commissioners’ meeting to the Board. The RPC Commissioners adopted the RPC Regional Master Plan and reviewed the MPO Transportation 10-Year Plan.
White presented to the Board articles concerning how population stagnation and a shrinking workforce in the area can hurt the local economy. The articles presented options how local governments can create housing alternatives in their zoning to attract businesses and workers and improve the local economy.
4. Adjourn: The meeting was adjourned at 8:17 pm.
Respectfully Submitted,
Rick Milner
Administrative Assistant
Newton Planning Board
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